Kirby v. Wood

COOPER, Judge.

This is an election contest brought pursuant to KRS 120.155. The facts are not in dispute. On November 2,1976, in a regular school board election for District No. 5 in Muhlenberg County, plaintiff, Richard E. Wood received 527 votes and the defendant, Lucky Kenneth Kirby, the incumbent, received 704 votes. The sole basis for this action by Wood is that voting machine # 33506 in precinct No. 8 (Beechmont) malfunctioned in that it would not register more than nine votes, which was the number of votes registered on that machine for Wood, for the candidate occupying the place on the…